Patent Cost Control

The inherent nature of the patent system, both in the U.S. and internationally, lends itself to recurring and escalating patent costs. Costs begin with the initial patent application development, prosecution at the United States Patent & Trademark Office (USPTO) and continue through the filing of international patent applications, through the Patent Cooperation Treaty (PCT) process which can ultimately lead to patent applications in foreign countries. Some of those countries have their own regional patent forums (e.g. the European Patent Office, or EPO) which have their own rules and regulations, some which are substantially different from those of the USPTO. At the enforcement stage, patents in each country need to be evaluated in the context of the patent litigation system and the economics of enforcement particular to that country. TPL can help you manage patent costs by specifically determining which assets are the most valuable, how to use them, and where costs can be trimmed.

Patent Cost Identification

Based on the families of patents and their foreign counterparts, cost areas are identified, including patent preparation, prosecution, maintenance fees, and licensing and enforcement costs.

Patent Return on Investment

When the top assets are identified, how are they most likely to be used? Can non-litigation strategies be developed that allow the patent assets to provide a return, either through cross-licensing, sale, or exclusive licensing? If an enforcement strategy is appropriate, how can risk and costs be minimized? Is the patent a candidate for contingency litigation? TPL provides answers to these difficult questions.

Patent Portfolio Cost Reduction

Cost reduction can be approached from two directions: (1) management of high-value and high-reward patent assets, where continued prosecution and licensing or enforcement costs are justified, and (2) trimming of patent costs on lower value assets, either through limited prosecution or in some cases abandonment of U.S. or international assets. TPL’s extensive experience, along with in-depth research on its client’s portfolios, allows us to provide guidance on how specifically to reduce or contain patent costs.